Book - Looseleaf

Digital Communications Law

Digital Communications Law by Henry H. Perritt, Jr., Esq.

Digital Communications Law

Contributor(s)
By Henry H. Perritt, Jr.
Update Frequency
Annually
Last Update
08/18/2010
Product Line
Wolters Kluwer Legal & Regulatory U.S.
Available formats

Details

If your company or your clients have any presence on the Internet, Digital Communications Law (Revised Edition of former Law and the Information Superhighway) is a must-have resource. This complete compendium helps you handle all Internet-related legal issues—from questions of liability connected to sales and communications on the Web, to issues of taxation, to problems that you never thought you’d face—until you’re faced with them!

Digital Communications Law is the single, thorough reference that covers all the various laws that affect sales and communications on the Web, including:

  • Liability for harmful communication
  • Taxation
  • Privacy
  • Copyright
  • Trademark
  • Patent
  • Civil litigation
  • Criminal prosecution
  • Constitutional considerations
  • Legal issues in international communication and cross-border commerce

As technology advances, Digital Communications Law will keep you current with the laws that arise out of and affect new developments, including disputes and liability connected with:

  • Texting
  • Tweeting
  • Facebook and other social networking sites
  • Net neutrality
  • Dissemination of commercial music and video
  • Advertising
  • Consumer fraud
  • Interoperability and compatibility
  • Accessibility of public information
  • And more!

ISBN: 9780735593213
SKU: 10045928-7777

CHAPTER 1 - INFORMATION INFRASTRUCTURE AS A SOURCE OF LEGAL ISSUES

  • Introduction and Nature of Problem
  • Basic Technologies, Terms and Concepts
  • Other Parts of the Infrastructure and the Historical Evolution towards the Internet
  • Collapse of the Four Traditional Legal Categories
  • Commercializing the Internet
  • Adapting Legal Doctrine

CHAPTER 2 - ACCESS TO NETWORKS AND FACILITIES

  • Introduction and Description of the Problem
  • Sources of Right
  • Common Carrier Obligations
  • Antitrust
  • Eminent Domain and Condemnation of Intellectual Property
  • Enforcing Express and Implied Contracts
  • Privileges and Immunities
  • Access to Domain Name Registration Systems
  • Sample Statement of Access Rights
  • Sample Access Agreement
  • Sample Electronic Publishing Agreement

CHAPTER 3 - PRIVACY

  • Introduction and Description of the Problem
  • Legal Relationships and Interests
  • Common-Law Invasion of Privacy
  • Electronic Surveillance
  • Computer Fraud and Abuse Act
  • Protection of Particular Domains
  • Unsolicited Communications
  • Constitutional Protection
  • State Data Protection Laws
  • Waiver of Privacy Rights
  • European Data Protection
  • Future U.S. Legal Initiatives
  • Privacy Under 1996 Act
  • CALEA
  • Compliance Procedures

CHAPTER 4 - LIABILITY FOR HARMFUL COMMUNICATIONS

  • Introduction and Description of the Problem
  • Types of Information Torts
  • Strict Products Liability
  • Contract Rights
  • Fair Credit Reporting Act Obligations
  • False Advertising and Other Consumer Fraud
  • Trespass
  • Intermediaries
  • Liability Resulting from Self-Help Remedies
  • Disclaimer Language

CHAPTER 5 - LIABILITY FOR SERVICE FAILURES OR FAILURES OF PRODUCTS TO PERFORM

  • Introduction and Description of the Problem
  • Breach of Contract
  • Coverage by UCC Article 2
  • UCITA
  • Warranty Concepts
  • Licensing
  • Relationship Among Contract, Warranty, and Tort Theories
  • Fraudulent Misrepresentation
  • Consumer Protection
  • Damages
  • Sample Disclaimer Language
  • Checklist for License Agreement

CHAPTER 6 - CONSTITUTIONAL CONSIDERATIONS

  • Overview of Constitutional Concepts
  • First Amendment: Introduction
  • First Amendment as a Shield: Blocking Mandates for Inclusion of Content
  • First Amendment as Limitation on Private Rights and Remedies
  • Prior Restraint and Copyright
  • Conflict Between First Amendment and Antitrust Principles
  • First Amendment as a Sword: Source of Private Duty
  • Fourth Amendment Issues
  • Substantive Due Process and Equal Protection
  • Property Rights
  • Burdens on Interstate Commerce
  • Publicity for Convicted Sex Offenders
  • Double Jeopardy

CHAPTER 7 - REGULATION

  • Nature of the Problem and Introduction
  • Legal Overview
  • Common Carrier Regulation
  • Cable Regulation
  • Radio Regulation
  • Antitrust Limitations on Pricing
  • Disabled Access
  • FCC Regulation of the Internet
  • Net Neutrality
  • Future Federal Legislation
  • State Regulation
  • Actions by Other Federal Agencies
  • Electric Power Grid Access
  • Network Self-Governance
  • Consolidation and Industry Structure

CHAPTER 8 - INTEROPERABILITY AND COMPATIBILITY

  • Description of the Problem and Introduction
  • Major Standards for Internet-based Infrastructure
  • Infrastructure and Interoperability Requirements
  • Economics of Standard Setting
  • U.S. Standards Bodies
  • International Wireless Standards
  • Legal Framework for Imposing Standards
  • Private Standards Agreements Under Sherman Act
  • Federal Contract Requirements
  • Encryption Infrastructure
  • Functional Versus Technical Standards

CHAPTER 9 - ELECTRONIC COMMERCE: CONTRACT FORMATION, PAYMENT SYSTEMS AND AUTHENTICATION

  • Nature of the Problem
  • UCITA
  • Electronic Signatures in Global and National Commerce Act
  • Uniform Electronic Transaction Act (UETA)
  • Agency
  • Formalities: Traditional Solutions to Offer-and-Acceptance and Interpretation Problems
  • Encryption and Digital Signatures
  • Separate Trading Partner Agreements
  • Electronic Funds Transfer
  • The UCC and the Move Away from Document-Based Commercial Transaction Systems
  • Payment Mechanisms
  • Offering Securities Through the Internet
  • Facilitating Government Through the Internet
  • Electronic Auctions Under Article 9
  • Gambling
  • General E-Business Issues

CHAPTER 10 - INTELLECTUAL PROPERTY

  • The Problem: Information as a Commodity
  • Economics of Intellectual Property Copyright
  • Trademark and Unfair Competition
  • Trade Secret
  • Patent
  • Web Page Linking/Framing as Infringement
  • Preemption
  • Choice of Law
  • State Liability for Infringement
  • Alternative Protection Methods

CHAPTER 11 - PUBLIC INFORMATION

  • Introduction and Description of the Problem
  • Dissemination Duties
  • Access Rights: Freedom of Information Acts
  • Intellectual Property and Exclusive Arrangements
  • Trademark Protection
  • Public Contracting
  • Constitutional Issues
  • Antitrust Arguments
  • International Issues
  • Pricing Public Information
  • Strategies for Private Sector Publishers
  • Internet Voting
  • Government Web Sites
  • Draft Principles for Public Information Policy

CHAPTER 12 - CIVIL DISPUTE RESOLUTION AND PROCEDURE

  • Overview
  • Pleading
  • Personal Jurisdiction
  • Venue
  • Enforcement of Judgments
  • Service of Process
  • Electronic Filing
  • Choice of Law
  • Model Forum Selection and Choice of Law Clauses
  • Electronic Discovery
  • Evidence
  • Juror Recruitment via Internet
  • Video Trials
  • State Immunity
  • Injunction Notices
  • Statutes of Limitations

CHAPTER 13 - CRIMINAL LAW

  • Introduction and Nature of Issues
  • Substantive Crimes
  • Entrapment
  • Procedure
  • Search Warrants and Subpoenas
  • Foreign Intelligence Surveillance Act
  • Foreign Searches
  • Investigatory Data
  • Damages Actions Under 42 U.S.C. Section 1983 for Misuse of Criminal Justice Powers
  • Seizures and Forfeitures

CHAPTER 14 - INTERNATIONAL LAW AND TRADE

  • Introduction and Overview
  • Institutional Arrangements
  • Types of International Law
  • Relationship Between International Law and Domestic Law
  • GATT and WTO
  • NAFTA
  • European Union
  • WIPO Trademarks
  • Competition Regulation
  • Export Controls
  • Border Controls
  • International Electronic Money Transfer
  • New Structures for International Regulation of the Internet
  • International Arbitration
  • Access to Infrastructure in Other Countries
  • Cyber Warfare and Cyber Terrorism

CHAPTER 15 - TAXATION OF INTERNET COMMERCE

  • Introduction Taxation Within the United States
  • Advisory Commission on Electronic Commerce
  • International Taxation
  • Internet Tax Moratorium

Table of Cases

Index

Contributor(s)

Henry H. Perritt, Jr., is professor of law and former dean at Chicago-Kent College of Law. For 15 years, he was a professor at Villanova University School of Law. Formerly the top labor and employment lawyer for Consolidated Rail Corporation, Dean Perritt also served as deputy undersecretary of labor during the Ford administration. He was vice chairman of a commission appointed by Secretary of Labor Elizabeth Dole to develop measures to preserve health care for retired coal miners, resulting in recommendations subsequently enacted by Congress. He served as secretary of the American Bar Association’s Section on Labor and Employment Law. He has represented and counseled a variety of employers, employees, and unions on employment law issues.

Mr. Perritt is the author of the following publications: Americans with Disabilities Act Handbook, Fourth Edition; Law and the Information Superhighway, Second Edition; Civil Rights in the Workplace, Third Edition; Employee Benefits Claims: Law and Practice; Workplace Torts: Rights and Liabilities; and numerous editions of the Aspen Employment Law Update. He has written more than 75 law review articles on labor and employment law, administrative law, dispute resolution, international law, and technology applications in law.

Mr. Perritt received his S.B. and S.M. degrees from M.I.T. and his J.D. degree from Georgetown. He is a member of the bars of Virginia, Pennsylvania, District of Columbia, Maryland, Illinois, and the United States Supreme Court.

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